Environment Protection Authority v Tomingley Gold Operations Pty Ltd [2015] NSWLC 21

Environment Protection Authority v Tomingley Gold Operations Pty Ltd [2015] NSWLC 21

Tomingley Gold Operations Pty Ltd was convicted on two offences against s 120(1) Protection of the Environment Operations Act 1997, having polluted waters through sediment-laden discharges due to failure to implement the water management plan, with foreseeability and control over causes, and penalties were imposed reflecting objective seriousness, totality, general and specific deterrence, and mitigating features, including a publication order.

Parties
Prosecutor: Environment Protection Authority; Defendant: Tomingley Gold Operations Pty Ltd
Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Criminal Prosecution / Sentence
Outcome
conviction and sentence
Legal Topics
Pollute Waters, Planning Consent Requirement, Water Management Plan, Harm to Environment, Foreseeable Harm, Actual Harm, General Deterrence, Specific Deterrence, Failure to Disclose Matter in Licence Variation Application, Even Handedness, Parity of Sentence, Publication Order, Assistance to Authorities, Aggregation of Fines, Totality Principle
Criminal Law Environmental Law Pollute Waters Planning Consent Requirement Water Management Plan Harm to Environment Foreseeable Harm Actual Harm +9 more

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Parties

Environment Protection Authority

Prosecutor

Tomingley Gold Operations Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Did the defendant pollute waters contrary to s 120(1) Protection of the Environment Operations Act 1997?
  2. 2 What is the objective seriousness of the offences?
  3. 3 Were mitigating factors such as self-reporting, co-operation, and remorse relevant to sentencing?

Ratio Decidendi

Tomingley Gold Operations Pty Ltd was convicted on two offences against s 120(1) Protection of the Environment Operations Act 1997, having polluted waters through sediment-laden discharges due to failure to implement the water management plan, with foreseeability and control over causes, and penalties were imposed reflecting objective seriousness, totality, general and specific deterrence, and mitigating features, including a publication order.

Court Disposition

conviction and sentence

Orders

  • Conviction of both offences against s 120 POEO Act as charged.
  • Fine of $60,000 on count 1.